How to Get a Default Judgment When You Claim a Specific Dollar Amount
Disclaimer: This guide is intended as general information only. Your case may have factors requiring different procedures or forms. The information and instructions are provided for use in the Sacramento County Superior Court. Please keep in mind that each court may have different requirements. If you need further assistance, consult an attorney.
Click here to download this Step-by-Step guide as a pdf.
CONTENTS
This packet includes:
- Step by Step Instructions
- Sample Request for Dismissal, Judicial Council Form CIV-110
- Sample Request for Entry of Default, Judicial Council Form CIV-100
- Sample Declaration of Accrued Interest
- Sample Declaration, Judicial Council Form MC-030
- Sample Judgment, Judicial Council Form JUD-100
BACKGROUND
If you have filed a complaint against and personally served a defendant and he or she has not responded within the 30-day deadline imposed by California Code of Civil Procedure § 412.20(a)(3), you can go to court and ask that a judgment be entered in your favor. This is known as requesting a default judgment.
A Default Judgment by the Clerk can only be entered in breach of contract cases where the specific monetary amount desired is requested in the complaint. If the monetary amount desired is not specified or a judge needs to rule on any other issue raised in the complaint, you must request a Default Judgment by the Court, which requires additional forms and is not covered in this Guide. See the "How to Request a Default Judgment by the Court" Step-by-Step guide available on our website for instructions and samples of the forms required to obtain a Default Judgment by the Court.
PROCEDURE
Obtaining a default judgment involves filing two sets of documents: first, the Request for Entry of Default and any accompanying documents (Proof of Service by Mail and Proof of Service of Summons and Request for Dismissal of Doe Defendants, if applicable); and second, the (Proposed) Judgment and any accompanying documents (Declaration RE Accrual of Interest and Cover Page and Written Agreement, if applicable, and Proof of Service by Mail). You may prevent a tardy defendant from filing their answer by filing the first set of documents on the 31st day after personal service of the summons and complaint, and file the second set of documents later.
Pre-default Checklist:
❑ Did you attach a copy of your written agreement to your complaint? If not, you will need to submit a copy with your Request for Entry of Default. The written agreement must have a cover page with the caption of the case in order to be filed. You may use 28-lined pleading paper or you may use Judicial Council Form MC-030, "Declaration." See Step 4 for instructions on completing the cover page for the written agreement.
❑ Is your lawsuit based upon a retail installment contract subject to the Unruh Act (Civil Code §1812.10), on a financed automobile subject to the Rees-Levering Motor Vehicle Sales and Finance Act (Civil Code §2984.4), or on a loan or other extension of credit primarily for personal or household use (Code of Civil Procedure § 395(b))? If so, did you verify your complaint or file and serve a declaration of venue? NOTE: The declaration of venue must be served upon the defendants like a Summons. If your complaint was not verified and you did not serve the statement of venue you must complete this step at least 31 days before filing the Request for Entry of Default. You can find a sample Declaration of Venue on the Forms, Motions & Pleadings page of our website at http://www.saclaw.org/pages/forms-page.aspx.
❑ Have all named defendants been served or dismissed in this matter? If not you must complete this step before requesting a default judgment.
❑ Have all the Doe defendants been dismissed in this matter? If not, you must complete this step before requesting a default judgment. See Step 1 for instructions on dismissing your Doe defendants.
❑ Did you file all proofs of services connected with your defendants? If you have not already filed your Proof of Service of Summons (POS-010) showing the date the defendant was served, you must file it with the Request for Entry of Default documents. The Court Clerk cannot enter a default judgment without proof a defendant has not answered within the 30-day time period. For instructions on how to complete the Proof of Service of Summons see our "Personal Service of Court Papers" Step-by-Step guide at http://www.saclaw.org/pages/personal-service.aspx.
Step-by-Step Instructions
Step 1: Dismiss Your "Doe" Defendants
Step 2: Completing the Request for Entry of Default (CIV-100)
Step 3: Completing the Declaration RE Accrual of Interest
Step 4: Completing the Cover Page for the Written Agreement Declaration (MC-030)
Step 5: Completing the (Proposed) Judgment (JUD-100)
Step 6: Service of Documents on Defendant
Step 7: Copying and Assembling
Step 8: Filing
Step 1: Dismiss Your "Doe" Defendants Almost all plaintiffs list "Doe" defendants, e.g., "Does 1 to 10," as placeholders for as yet unnamed defendants, in case it is later discovered that someone unknown at the time of filing the complaint may be liable. When the name of a Doe defendant is discovered the plaintiff amends the complaint to name the actual defendant. You must dismiss all of your Doe defendants before requesting a default judgment. If you have not already done so, you may file the dismissal papers with the Request for Entry of Default documents.
Completing the Request for Dismissal (CIV-110)
Type or write your name, address, and telephone number in the box that says "Attorney or Party Without Attorney." Where it says "Attorney for" write "In Pro Per," which means you are representing yourself.
Below that, type or write the name and address of the court: County of Sacramento, 720 Ninth St., Sacramento, CA 95814. The Branch Name is "Civil."
Beside "Plaintiff/Petitioner" insert your name (as it is written on Summons and Complaint).
Beside "Defendant/Respondent" insert the Defendant's name (as it is written on Summons and Complaint).
In the "Request for Dismissal" box check "other" and insert "contract" for the type of case.
Type or write your case number in the box provided.
In paragraph 1a, indicate whether you are going to dismiss the Doe defendants with prejudice (check box 1) or without prejudice (check box 2). With prejudice means you cannot file another complaint against any of the Does in this case later. Without prejudice means you are reserving the right to do so.
In paragraph 1b, check box 6, where it states "Other (specify)," and type or write "DOES 1-x ONLY" (x is the number of Does you named in your complaint, e.g., "Does 1 to 10").
Note: All Judicial Council forms can be obtained from the Court or downloaded online at http://www.courts.ca.gov/forms.htm, the Judicial Council website.
Sample Request for Dismissal
(Judicial Council Form CIV-110), Page 1
You must check the box in paragraph 2 if your court fees and costs were waived. If so, you must complete the declaration on the back of the Request for Dismissal form. Fill in the plaintiff and the defendant's names and the case number. In paragraph 1 name the person whose fees were waived. If your court fees have been waived, check either 2a. Type or print your name, check the box next to "party making declaration," and sign and date the back page. By doing so, you are declaring under penalty of perjury that the information on this declaration is true.
Important! Don't forget to type or print your name, check "party without attorney," check "plaintiff/petitioner," and sign and date the front of the Request for Dismissal.
Sample Request for Dismissal (Judicial Council Form CIV-110), Page 2
Step 2: Completing the Request for Entry of Default (CIV-100)
Type or write your name, address, and telephone number in the box that says "Attorney or Party Without Attorney." Where it says "Attorney for" type or write "In Pro Per," which means you are representing yourself.
Below that, type or write the name and address of the court: County of Sacramento, 720 Ninth St., Sacramento, CA 95814. The Branch Name is "Civil."
Beside "Plaintiff/Petitioner" insert your name (as it is written on Summons and Complaint).
Beside "Defendant/Respondent" insert the Defendant's name (as it is written on Summons and Complaint).
In the "Request for (Application)" box check "Entry of Default and Clerk's Judgment."
Type or write your case number in the box provided.
In paragraph 1a, type or write the date the Complaint was filed.
In paragraph 1b, type or write your name (as it is written on Summons and Complaint).
Check the box in paragraph 1c and type or write the name of the defendant (as it is written on Summons and Complaint). Skip the rest of paragraph 1.
In paragraph 2a, type or write the amount demanded in the Complaint in the space provided. Skip paragraphs 2b and 2c.
In paragraph 2d, type or write the amount of your total Court Costs. These include filing fees and process server fees (paragraph 7 is an itemization of these costs; it may be easier to complete paragraph 7 before completing paragraph 2d). If these fees were waived do not enter them.
In paragraph 2f, type or write the total of the amounts in paragraphs 2a and 2d.
Skip paragraph 3, but type or print your name, date and sign on the lines provided for this purpose in the area above the "For Court Use Only" box.
Sample Request for Entry of Default (Judicial Council Form CIV-100), Page 1
Check the box next to "did not" in paragraph 4.
Check the box next to paragraph 5 and the appropriate box next to 5a, 5b, or 5c, indicating whether your action "is" or "is not" on a retail installment contract subject to the Unruh Act (Civil Code §1812.10), on a financed automobile subject to the Rees-Levering Motor Vehicle Sales and Finance Act (Civil Code §2984.4), or on a loan or other extension of credit primarily for personal or household use Code of Civil Procedure § 395(b).
Check the box next to paragraph 6b, then type or write the date of mailing and the name of the defendant and the address to which a copy of this Request for Entry of Default will be mailed (this address should match the address where the Process Server served the defendant).
Type or print your name, date and sign on the lines provided for this purpose in the area below paragraph 6. By doing so, you are declaring under penalty of perjury that the information given in paragraphs 4, 5, and 6 are true.
Note: In Sacramento County you will also need to have a copy of the Request for Entry of Default served upon the defendant at the address listed in paragraph 6. See Step 6 for instructions.
In paragraph 7, type or write the amount you paid for filing fees and process server fees in the space provided. Typically those are the only allowable costs at this early stage of a lawsuit (see Code of Civil Procedure §1033.5). Type or write the total of these fees in paragraph 7e. If your fees were waived, check the box next to 7f and do not enter amounts. Type or print your name, date and sign on the lines provided for this purpose in the area below paragraph 7. By doing so, you are declaring under penalty of perjury that the information given in paragraph 7 is true.
Check the box next to paragraph 8 if the defendant is not in the military. If the defendant is in the military, he or she is entitled to the benefit of the Servicemembers Civil Relief Act, and the court will not enter a default judgment unless and until it has this declaration on file. Type or print your name, date and sign on the lines provided for this purpose in the area below paragraph 8. By doing so, you are declaring under penalty of perjury that the information given in paragraph 8 is true.
Sample Request for Entry of Default (Judicial Council Form CIV-100), Page 2
Step 3: Completing your Declaration RE: Accrual of Interest
You may type your Declaration re: Accrual of Interest on 28-line pleading paper, which may be downloaded for free from the Law Library's website, pre-formatted for the Sacramento County Superior Court, at http://www.saclaw.org/uploads/SacramentoPleadingWeb.doc. Alternatively, you may use Judicial Council Form MC-030, "Declaration." Use the sample we have included in this guide and adapt the language to fit your own facts and circumstances. Do not forget to include the declaration under penalty of perjury clause, "I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct."
You may use the judgment calculator at www.thelegalprocess.com (http://www.thelegalprocess.com/judgmentcalculator.htm) to determine the amount of interest. Simply follow their instructions.
Sample Declaration of Accrued Interest
Step 4: Completing the Cover Page for the Written Agreement Declaration (MC-030)
Type or write your name, address, and telephone number in the box that says "Attorney or Party Without Attorney." Where it says "Attorney for" type or write "In Pro Per," which means you are representing yourself.
Below that, type or write the name and address of the Court.
Beside "Plaintiff/Petitioner" insert your name (as it is written on Summons and Complaint). Beside "Defendant/Respondent" insert the Defendant's name (as it is written on Summons and Complaint). Type or write your case number in the box provided.
In the blank area under the box labeled Declaration insert the following words: Attached hereto is a true and correct copy of the Written Agreement in this matter.
Type or print your name and date and mark the box next to "Plaintiff." Sign on the line provided for this purpose.
Sample Declaration (Judicial Council Form MC-030)
Step 5: Completing the (Proposed) Judgment (JUD-100)
Type or write your name, address, and telephone number in the box that says "Attorney or Party Without Attorney." Where it says "Attorney for" write "In Pro Per," which means you are representing yourself.
Below that, type or write the name and address of the court: County of Sacramento, 720 Ninth St., Sacramento, CA 95814. The Branch Name is "Civil."
Beside "Plaintiff" insert your name (as it is written on Summons and Complaint).
Beside "Defendant" insert the Defendant's name (as it is written on Summons and Complaint).
In the "Judgment" box check "By Clerk" and "By Default."
Type or write your case number in the box provided.
Check the box next to paragraph 1, marked "By Default." Check the box next to 1d, marked "Clerk's Judgment."
Sample Judgment (Judicial Council Form JUD-100), Page 1
On the top of the second page, type or write the plaintiff's and defendant's names and the Case number in Caption box.
Check the box next to "The Clerk" next to "JUDGMENT IS ENTERED AS FOLLOWS BY."
Check the box next to 5a and type or write the plaintiff's and defendant's names as they appeared on the complaint in the appropriate place.
Check the box next to paragraph 6a. Check the box next to 6a(1) and type or write the amount of damages demanded in your complaint. Note: This amount must be the same as the amount listed in item 2a on the Request for Entry of Default (CIV-100). Skip 6a(2) and 6a(3).
Check the box next to 6a(4) and write or type the amount of costs expended (i.e. filing fees and process server's fees). This amount should be the same as the amount listed in items 2d and 7a-e on the Request for Entry of Default. If these fees were waived do not enter them.
In paragraph 6a(6) type or write the total of the amounts listed 6a(1) and 6a(4). This amount should be the same as the amount listed in item 2f on the Request for Entry of Default.
Sample Judgment (Judicial Council Form JUD-100), Page 2
Step 6: Service of Documents on Defendant
In Sacramento County the court requires a separate Proof of Service by Mail (POS-030) form to be completed by the person who mails the Request for Entry of Default to the defendant. This person must be over the age of 18 and not a party to your action. For instructions on how to fill out the Proof of Service by Mail, complete with sample forms, see our "Proof of Service by Mail" Step-by-Step guide at http://www.saclaw.org/pages/pos-mail.aspx.
Step 7: Copying and Assembling Make three copies of each:
In the Sacramento County Superior Court, because documents are scanned into a computer, any multiple page original documents are left unstapled, while each copy is stapled. In courts that do not electronically scan, all are stapled, and the original is two-hole punched at the top of the page for insertion into a folder.
Step 8: Filing In Sacramento, Requests for Default Judgment are filed at the Gordon D. Schaber Sacramento County Courthouse, located at 720 Ninth St. in downtown Sacramento. There is currently no fee for a request for entry of default or default judgment. Current fees are available on the Sacramento County Superior Court's website.
Depending on how busy the Court Clerks are, if all of your documents are filled out correctly the Clerk will enter the Default and Clerk's Judgment right away and hand the stamped papers back to you. If there are any errors your papers will be rejected and you will need to start all over again.
IF YOU HAVE QUESTIONS ABOUT THIS GUIDE, OR IF YOU NEED HELP FINDING OR USING THE MATERIALS LISTED, DON'T HESITATE TO ASK A REFERENCE LIBRARIAN.
August, 2011
revised 8/12 kb